(1)
| (ii) |
in any application made in terms of this Act, furnishes information or makes a statement, knowing such information or statement to be false, incorrect or misleading or not believing it to be correct; |
| (iii) |
acts contrary to the authority of any direction issued under this Act or proceeds to act under any such direction knowing that it has expired; |
| (iv) |
acts contrary to the authority of an entry warrant issued under this Act or, without being authorised thereto under an entry warrant, enters any premises for purposes of intercepting a postal article or communication, or installing and maintaining an interception device, on that premises; |
| (v) |
forges or, with the intent to deceive, alters or tampers with any direction or entry warrant issued under this Act; |
| (vi) |
furnishes particulars or information in any affidavit or report referred to in this Act, knowing such particulars or information to be false, incorrect or misleading or not believing it to be correct; or |
| (vii) |
obstructs, hinders or interferes with an authorised person who executes any direction or entry warrant issued under this Act or assists with the execution thereof, in the exercising of his or her powers under that direction or entry warrant, is guilty of an offence. |
| (b) |
Any person who is convicted of an offence referred to in— |
| (i) |
paragraph (a) or in section 49(1) or 54, is liable to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or |
| (ii) |
section 52, 53(1) or 55(1), is liable to a fine or to imprisonment for a period not exceeding two years. |
(2)
| (a) |
Any postal service provider or employee of a postal service provider who— |
| (ii) |
contravenes or fails to comply with section 42(2); or |
| (iii) |
performs an act contemplated in subsection (1)(FAQ)(iii), (v) or (vii), is guilty of an offence. |
| (b) |
Any postal service provider or employee of a postal service provider who is convicted of an offence referred to in paragraph (a) is liable, in the case of— |
| (i) |
a postal service provider who is |
| (aa) |
natural person, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or |
| (bb) |
juristic person, to a fine not exceeding R5 000 000; or |
| (ii) |
an employee, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years. |
(3)
| (a) |
Any telecommunication service provider or employee of a telecommunication service provider who— |
| (i) |
contravenes or fails to comply with section 7(2), 8(3), 28(1)(b) or (2), 30(1) or 39(4); |
| (iii) |
contravenes or fails to comply with section 7(5), 8(5), 39(1) or (2) or 42(2); or |
| (iv) |
performs an act contemplated in subsection (l)(a)(iii), (v) or (vii), is guilty of an offence. |
| (b) |
Any telecommunication service provider or employee of a telecommunication service provider who is convicted of an offence referred to in paragraph (a) or in section 50(1), is liable, in the case of— |
| (i) |
a telecommunication service provider who is FAQ— |
| (aa) |
natural person, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or |
| (bb) |
juristic person, to a fine not exceeding R5 000 000; or |
| (ii) |
an employee, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years. |
| (3A) |
Any electronic communication service provider who fails to comply with— |
| (a) |
the directives issued in terms of section 30(2)(a); |
is guilty of an offence and liable on conviction to a fine not exceeding R100 000 for each day on which such failure to comply continues.
| (3B) |
Any customer or person who fails to comply with section 40(5) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months. |
| (3C) |
An employee or agent of an electronic communication service provider who fails to comply with section 40(8), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months. |
| (a) |
juristic person contemplated in section 62C(1); or |
| (b) |
person contemplated in section 62C(2), |
who fails to comply with section 62C, is guilty of an offence and liable on conviction to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years.
(4)
| (a) |
Any decryption key holder or any employee of a decryption key holder who— |
| (i) |
contravenes or fails to comply with section 29(1); |
| (ii) |
contravenes or fails to comply with section 29(2), (3)(b), (5) or (7) or 42(2); or |
| (iii) |
performs an act contemplated in subsection (1)(a)(iii), (v) or (vii), is guilty of an offence. |
| (b) |
Any decryption key holder or employee of a decryption key holder who is convicted of an offence referred to in paragraph (a) is liable, in the case of— |
| (i) |
a decryption key holder who is FAQ— |
| (aa) |
natural person, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or |
| (bb) |
juristic person, to a fine not exceeding R5 000 000; or |
| (ii) |
an employee, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years. |
| (5) |
A conviction of an offence referred to in— |
| (a) |
subsection (2)(FAQ)(i) does not relieve any postal service provider or any employee of such a postal service provider of the obligation to comply with section 28(1 )(FAQ); |
| (b) |
subsection (3)(FAQ)(i) or (ii) does not relieve any telecommunication service provider or any employee of such a telecommunication service provider of the obligation to comply with section 28(1)(b) or (2), 30(1) or (4) or 39(4); |
| (bA) |
subsection (3A) does not relieve any electronic communication service provider of the obligation to comply with— |
| (i) |
the directives issued in terms of section 30(2)(a); |
| (ii) |
section 40(1), (2), (3), (4) or any determination made thereunder (6), (7), (9) or (10); or |
| (iii) |
section 62(6)(a), (b), (c) or (d); or |
| (c) |
subsection (4)(FAQ)(i) does not relieve any decryption key holder or any employee of such a decryption key holder of the obligation to comply with section 29(1). |
| (6) |
Notwithstanding anything to the contrary in any other law contained, a magistrate's court may impose any penalty provided for in this Act. |
| (a) |
in good faith assists an authorised person with the execution of a direction; and |
| (b) |
believes on reasonable grounds that such authorised person is acting in accordance with such a direction, is liable to prosecution for a contravention of this Act. |
Intellectual Property Rights from Publicly Financed Research and
